California Law Protecting Transgender People from Employment Discrimination

Gender identity is a protected class under California’s Fair Employment and Housing Act (FEHA), which means that transgender employees and applicants should not be discriminated. In accordance with the provisions set by FEHA, employers doing business in the State of California are prohibited to discriminate against employees as well as job seekers based on their gender identity and expression.

It is not a new knowledge that certain transgender people are discriminated in the workplace; however, with the help of FEHA, this employment issue may be addressed and resolved. Specifically, the Act does not allow employers to discriminate people based on their gender identity and expression when it comes to employment-related decisions such as:

·         Hiring process

·         Admittance of an applicant

·         Termination

·         Demotion

·         Providing of benefits and wage

Transgender people in California who have experienced workplace discrimination may file a complaint with the Department of Fair Employment and Housing(DFEH). Valid complaints would undergo certain procedures including:

1. Pre-investigation – DFEH officials would determine if the complaint is apt with the agency’s jurisdiction. If the complaint would be acknowledged, DFEH would initiate investigation.

2. Investigation – Once the complaint reaches the investigation stage, the Department would notify the employer involved about the nature and details of the discrimination claim. In return, the employer would be asked to submit a reply to the complaint.

3. Settlement – Upon hearing both sides, DFEH may mediate settlement between the two parties. However, the employer involved may initiate settlement without the assistance of the Department. When this happens, the complainant is advised to consult with DFEH officials prior to agreeing with the proposed settlement.

4. Further investigation – In case that no settlement would be reached, DFEH would further investigate the claim. During this stage, officials may issue subpoenas and may call on witnesses to further determine the details involved in the complaint.

Provisions under the Fair Employment and Housing Act (FEHA)

The employment discrimination law in California provides its citizens with equal rights and protection against attempts that seek to degrade people’s worth within the human society.  The California Department of Fair Employment and Housing (DFEH) is the agency that governs anti-employment discrimination laws in the State. True to its promise, in the course of years, DFEH has created different ways to be able to extend its hand to employees whom were maltreated by owners.

DFEH adheres to the provisions under the Fair Employmentand Housing Act or FEHA. Under this Act, it is illegal to discriminate against workers with respect to California labor laws. Under FEHA, the following are the protected classes:

·         Age (40 and over)

·         Ancestry

·         Color

·         Religious Creed

·         Denial of Family and Medical Care Leave

·         Disability (mental and physical) including HIV and AIDS

·         Marital Status

·         Medical Condition (cancer and genetic characteristics)

·         National Origin

·         Race

·         Religion

·         Sex

·         Sexual Orientation

Here are some of the provisions under the California labor laws as implemented by the DFEH

1.    Create a progressive environment for workers and strictly prohibiting harassments in the workplace.

2.    Leave benefits that enable employees to take care of a seriously sick relative or to nurse a newly born infant.

3.    Retaliation is strictly unlawful and employers who resort to this method should be duly reported to government agencies.

4.    Hiring an employee should not be based on discrimination and the admission of the employee for work should be based on their qualifications.

Employers are prompted by the law to provide the needs of workers. This is seen through the implementation of the reasonable accommodation policies implemented for the disabled employees. One of the particular and readily visible representations of these is through the comfort rooms for people with disabilities.